m



   
 
 
   


EXISTING PRACTICES

Territorial sea -cannon shot rule established 3 nm ( 1 nm =

1,852 metre) ²he who can dominate the sea with artillery placed
on the coast satisfies the criterion of effective occupation

Freedom of navigation and fishing in the high seas

Fishery jurisdiction

Contiguous zone for custom authorities against smuggling

vessels
INTERNATIONAL LAW COMMISSION

Established by the United Nations

To study and codify an international

regulation governing the ocean
 THE FRANCONIA (R. V. KEYN)

Facts: The commander of a foreign ship, the Franconia, was indicted for
manslaughter before the Central Criminal Court arising from the loss of life on
a British ship which was run down and sunk by the Franconia within 3 miles
of the Port of Dover. He was a German national and his ship was on a voyage
to a foreign country and merely passing through English territorial waters at
the time of the collision.

Issues: a) whether the act had occurred within the body of the country of
England?

Held: the territory of England ends at the low-water mark.

1. THE HAGUE CODIFICATION 1930
s Territorial waters -
s Codification of practices from every State
SIGNIFICANT DISCUSSION

Territorial
breadth

Criteria of
Sovereignty
Baselines
over the
TW at Straits, hot
pursuit from TW
to High Seas, TW
territorial
around an island

Rights and
water
Duties
THE ANGLO-NORWEGIAN FISHERIES CASE

Facts: Norway drew its baseline by connecting 48 base

points on the extremist of the islands and headland of the
coast. The United Kingdom argued that existing
international law for the baseline is low-water mark.

Issue: Whether Norway·s action was in contradict with the

international law of the sea.

Held: the general rule was that the baseline must bear some
relationship to the coast, it must follow the ´general direction of the
coast.µ
Conclusion: baselines must be determined in reference to the geographical
factors, and the consideration is not solely on geographical factors, but
certain economic interest peculiar to a region.
2. UNCLOS I

Another report was The Convention on the

presented to the General Territorial Sea and the
Assembly 1957 by the Contiguous Zone;
ILC

The Convention on the

High Seas;
Four Conventions on the
law of the sea have been
drafted: The Convention on
Fishing and
Conservation of the
Living Resources of the
High Seas

The Convention on the

Continental Shelf
 Š Baselines systems - introduction
of straight baselines
Š Establishment of more
territorial jurisdictions;
territorial waters, contiguous
zone, fishery zone, continental
shelf
Š Delimitation principles ²
equidistant line, adjustable by
Other special circumstances
Š Recognition of historic bays and
significant historic waters
features: Š Islands and archipelagos
Š Distinction between internal
water and territorial water
Š Bays
Š Straits
STRAIGHT BASELINES
 DISCREPANCIES

s No specific limit of the territorial sea, contiguous

zone, continental shelf; (42 states claimed 12
miles, 10 claimed more than that ² Latin
America claimed 200 miles, 33 claimed 3 miles ²
13 claimed extra 12 miles for exclsuive fishery)
s The 1960 Conference failed to unanimously agree
on the limit of the territorial water
3. UNCLOS III

The constitution for the oceans and the basis for the jurisdiction
that a country may exercise at sea in its various role as a coastal ,
Port or a flag State;

It sets out the right and duties of a state with regard to the various
uses of the oceans and prescribes the regime of maritime zones that
establishes the nature of State sovereignty and sovereign rights
over the ocean space and resources;

It provides principles and norms for navigational rights and

freedoms, flag state·s responsibility, countering piracy, right of visit,
hot pursuit, marine scientific research, protection of marine
environment, regional cooperation and settlement of disputes.
CONT
s Took place from 1973 through 1982
s Came into force in 1994, a year after Guyana became
the 60th state to sign the treaty.
s Set territorial limits, navigation, archipelagic status
and transit regimes, Exclusive Economic Zones
(EEZs), continental shelf jurisdiction, deep seabed
mining, the exploitation regime, protection of the
marine environment, scientific research, and
settlement of disputes.
s Introduces External Continental Shelf
s Part XI and the 1994 Agreement, a regime relating to
minerals on the seabed outside any state's territorial
waters or EEZ (Exclusive Economic Zones). It
establishes an International Seabed Authority (ISA)
to authorize seabed exploration and mining and
collect and distribute the seabed mining royalty.